The Court: County Court of Victoria
The Lawyer: David Dribbin
The Charges:
- Driving While Suspended
- Breaching an Interlock Condition
- Exceeding the Prescribed Concentration of Alcohol
The Allegations:
The client had two driving matters, which occurred on separate occasions, initially listed on separate days at the Dandenong Magistrates Court.
At Court:
The first matter was heard at the Dandenong Magistrates’ Court for charges involving the breach of an interlock condition (i.e., not having an interlock device fitted in the car she was driving). The client had a recent relevant matter for the same offence in her prior history. Due to the client’s lengthy criminal history, the Magistrate sentenced the client to a one-month imprisonment term to be served immediately.
This was not a good outcome, so we advised the client to appeal the Magistrate’s sentence. Our solicitor subsequently filed an appeal to have the matter heard in the County Court of Victoria in Melbourne, and our solicitor was successful in having the client released on bail pending the appeal’s hearing.
At the County Court hearing, reports were obtained and tendered to support the client’s matter. Following lengthy submissions by our solicitor, the Judge overturned the original sentence in the Magistrates Court and ordered that the client serve a Community Correction Order.
However, the second matter listed at the Dandenong Magistrates Court was much more serious. It involved charges of driving while suspended, drink driving, and breaching an interlock condition. These charges, coupled with a very poor and lengthy driving history, put the client in serious jeopardy of receiving a term of imprisonment.
It was always going to be challenging to avoid a gaol sentence in circumstances where the client continued to commit the same offences repeatedly.
We advised the client to continue attending her counselling sessions and to fulfil the conditions of her County Court Community Correction Order.
When the second matter came to court, there was enough supporting material for our solicitor to argue that a further Community Correction Order was appropriate despite the client repeatedly committing the same offences.
The Outcome:
The Magistrate took some time to review the supporting documentation. Following lengthy submissions by our solicitor, the Magistrate was persuaded and imposed a concurrent Community Correction Order to run alongside the County Court Order.
This was a fantastic outcome for the client, as it resulted in her avoiding a term of imprisonment. This result was due to a combination of factors, including sound legal advice and advocacy work by our solicitor and the client’s dedication to continuing engagement with support services and avoiding reoffending.
